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(영문) 서울동부지방법원 2015.05.26 2014가단42272
위자료등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 2 through 6, Eul's evidence 2 and 10, the purport of the whole pleadings);

A. The registration of ownership transfer was completed on May 18, 2004 with respect to the land under the name of E on the grounds of sale on May 18, 2004 with respect to the land of this case, the ownership transfer registration was completed on August 12, 2003 under the name of Defendant C on August 12, 2003 with respect to the land of this case 604 square meters adjacent to the land of this case and G 1,500 square meters, and the ownership transfer registration was completed on August 12, 2003 with respect to the land of this case 1,97 square meters prior to H on May 29, 2004.

B. Defendant C completed registration of the preservation of ownership on August 14, 2012 on the 91.72 square meters of a reinforced concrete structure structure, a Mammy roof, which is located on the F and J ground of Jeonnam-gun, and on the 91.72 square meters of a single house (hereinafter “instant housing”).

C. On July 20, 2012, Defendant C entered into a sales contract with K on the purchase price of KRW 1,997 square meters and KRW 721 square meters in the name of Haan-gun, Haan-gun, in order to determine the purchase price of KRW 2,466,00. Around that time, Defendant C paid the purchase price to K, but the transfer registration of ownership in the name of Defendant C was not yet completed.

The land of this case has two seedlings for grandparents of the plaintiff and one funeral for the father of the plaintiff.

E. At present, the Defendants, on the ground that connects each point of the annexed drawings B and C, installed steel nets and tree fences on the ground that connects each point of the annexed drawings C and D, and installed steel nets and tree fences on the ground that connects each point of the annexed drawings C and D, and installed plastic houses on the front of the connected site in order to connect each point of the aforementioned drawings D and E, and the part that connects each point of the same drawings C, D, F, G, H, I, J, and K are used as the passage of the instant housing.

2. The plaintiff's assertion and judgment

A. Of the instant land, the wire-frames installed on the ground connectionsing each point of the separate drawings B and C in turn.

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